From NBC's Kelly O'Donnell and Mark Murray
GOP aides say Republican Congressmen Pete Sessions (who chairs the National Republican Congressional Committee) and Mike Fitzpatrick sent this letter to colleagues late today to apologize for not being sworn in to the 112th Congress, but later participating in votes. They were sworn in later.

Dear (colleague)
As Members of Congress, we have no greater honor than the opportunity to serve our country by representing our constituents in the House of Representatives. The solemn trust we are elected to uphold - codified by our Constitution and sustained through generations of sacrifice - is a privilege we cherish and hold in the utmost regard.

As such, we are deeply committed to fulfilling our role in our constitutional democracy by
maintaining the integrity of the People's House. Our absence on the House floor during the oath of office ceremony for the 112th Congress - while not intentional - fell short of this standard by creating uncertainty regarding our standing in this body.

While we immediately took steps to rectify the situation, we understand that our error allowed the integrity of this great legislative body's proceedings to be called into question. We regret that this incident adversely affected House proceedings and apologize for any individual inconvenience our actions may have caused.

Pete Sessions (TX-32)
Member of Congress

Mike Fitzpatrick (PA-08)
Member of Congress

NBC's Kelly O'Donnell reports that Sen. Olympia Snowe (R-ME) will vote for Elena Kagan, President Obama's nominee to the Supreme Court.

"After a careful and considered review of Elena Kagan's testimony before the Senate Judiciary Committee," Snowe said, "her overall record, and my personal meeting with her, I have concluded that General Kagan should be confirmed."

Even though Kagan is thought to be more to the center than Sonia Sotomayor, Kagan is likely to get fewer votes than Sotomayor's 68. Nine Republicans voted for Sotomayor, including Snowe, Lindsey Graham (SC), Richard Lugar (IN), Susan Collins (ME), Lamar Alexander (TN), as well as retiring Sens. Kit Bond (MO), Judd Gregg (NH), and George Voinovich (OH) plus retired Sen. Mel Martinez.

Graham, Lugar, and Collins have said they will vote for her. Alexander has said he will not. There is no indication yet of how Bond, Gregg, or Voinovich will vote. There is also no indication yet how Martinez's replacement, former Charlie Crist Chief of Staff George LeMieux, or Scott Brown will vote. Sen. Ted Kennedy did not vote.

Here's more of what Snowe had to say:

"Throughout my tenure in the Senate, I have applied a uniform standard for evaluating nominees for the United States Supreme Court, under both Republican and Democratic administrations. I find that Ms. Kagan has met that standard with the strong intellect, respect for the rule of law, and understanding of the important but limited role of the Supreme Court that I believe is required of any Justice. On that note, she has testified and spoken about the necessity of courts to maintain a fidelity to the law, and of the essential requirement not to pre-judge any case, stating during her hearing that judging is about '…what the law says, whether it's the Constitution or whether it's a statute…the question is always what the law says…it's what the text of the Constitution says…what the law says, not a judge's personal views.' It also is significant that, for her work as Solicitor General, Ms. Kagan has won the support of all ten Solicitors General who have served since 1985, including five Republican appointees, and she has also earned the support of over fifty deputy and assistant solicitors general who have served over the last forty-two years. Indeed by all accounts -- including those from conservative former Solicitors General Ken Starr and Ted Olson, and Assistant Solicitor General Miguel Estrada -- General Kagan has a clear reputation for a sound judicial temperament.

"Also, she has affirmed forcefully that adherence to Court precedent is a vital command for the Court. And in that light, in my view as a longtime, ardent supporter of Second Amendment rights, it was critical that General Kagan stated during her testimony that the precedents set by the Supreme Court in the Heller and McDonald cases -- which upheld a personal right to possess a firearm -- are 'deeply rooted in this nation's history and traditions' and are 'settled law;' that she has 'absolutely no reason to think that the court's analysis was incorrect in any way;' and, that she will apply these cases as law 'going forward.'"

From NBC's Kelly O'Donnell
On the Senate floor this afternoon, Senate Minority Leader Mitch McConnell hit White House Chief of Staff Rahm Emanuel over his recent comments that Rep. Joe Barton's (R) controversial apology to BP highlights the GOP's "governing philosophy."

Said McConnell:

Now, I noticed that the President's chief of staff had some ideas over the weekend about how to frame up the November elections. I can't think of a better example of how detached Democrats seem at the moment from the concerns of the American people. Americans want to know what's being done to fix a broken pipe at the bottom of the Gulf - not what's being done to fix the elections. The White House might view the upcoming election as its biggest crisis at the moment. But the American people are focused on fixing this pipe and cleaning up this mess.

Two months of delays and bureaucratic red tape have done nothing to solve this crisis - but they've done a lot to discredit the kind of big-government solutions that Democrats continue to promote. And every day the oil continues to flow is a day Americans' faith in government ebbs.

From NBC's Kelly O'Donnell
Judge Vic Rawl, the Democrat that political novice Alvin Greene defeated in last week's South Carolina Democratic Senate primary, is making a statement today about the election.

He calls for an investigation into the primary, but maintains that his protest isn't directed at Greene. Instead, he argues that there were reports of trouble with electronic, touch-screen voting machines.

"The strange circumstances surrounding Tuesday's vote require a thorough investigation. For better or worse, this protest process is the only platform currently available for that investigation," he's expected to say, according to a statement his campaign released. "And let me be clear: regardless of the outcome of this protest, a full and unblinking investigation of this election and the overall integrity of South Carolina's election system must go forward."

More from Rawls: "Like all of you, I am aware of the controversies surrounding Mr. Greene. This protest is not about him either. I would like to speak directly to Mr. Greene and say: 'Sir, this is not about you, and it's not about me. I wish you and your family nothing but the best in the weeks and months ahead.'"

From NBC's Kelly O'Donnell
The Senate comes back at 2:00 pm ET, with an opportunity for senators to talk about any issue. At 3:00 pm, it resumes consideration the Financial Regulatory Reform bill. And at 5:00 pm, the Senate takes what is commonly referred to as a "test vote." 

The actual terminology is: "the motion to invoke cloture on the motion to proceed to S. 3217."

This vote is just a first step to bring the bill to the Senate floor and begin debate.  If Democrats fail to reach the needed 60 votes as if expected now, they can continue negotiations with Republicans and try again. A miss for Democrats today does not kill the bill.

Still, Democrats are almost daring Republicans to block today's procedural vote. "Today, Republicans face a major choice: Will they stand up for the American people, and join us to hold Wall Street accountable for the reckless gambling that cost 8 million Americans their jobs and millions more their economic livelihood? Or will they follow the marching orders they've been getting at their secret, closed-door meetings with Wall Street executives, and continue to protect Wall Street?" said a spokesman to Senate Majority Leader Harry Reid.

"We remain eager to work with Republicans who are sincere about reforming Wall Street, and we are hopeful for bipartisan agreement on this important effort. But there are no two ways about it: a vote against even opening debate on holding Wall Street accountable is a vote to protect Wall Street."

From NBC's Kelly O'Donnell
Aides familiar with the preparations for a Supreme Court pick say one key strategy now beyond the pick itself is a political decision about when to announce the choice. The White House will confer closely with top senators to plan a strategy on the confirmation calendar. Democrats want enough time to get a nominee through before summer recess, as well as sufficient time to prepare the nominee's public roll-out and homework for the Capitol Hill courtesy calls and the hearings. Sources do expect the White House will not take the 25 days that elapsed before Sonia Sotomayor was announced.

Democrats with some knowledge of the president's relationships with the most talked-about potential names say advisers particularly liked Elena Kagan during last year's vetting. The reasons she was not selected last time are "not legitimate now" (because Sotomayor was in the mix) and "there was no comparison." The president could face disappointment from the left over Kagan because "progressives are not excited about Kagan."
 
Diane Wood of the 7th Circuit may face other hurdles in the selection process. One factor beyond the nominees' control is age. At nearly 60, Wood is ten years older than Kagan -- and for a lifetime appointment that could be a White House consideration. Strategists also point to Woods' record of rulings on abortion. That poses a political challenge in the Senate and among vocal interest groups. Some examples: Woods wrote a dissent on state bans on the abortion procedure labeled "partial birth" by opponents. Woods also ruled that abortion-rights advocates, Planned Parenthood, could sue anti-abortion demonstrators by using an anti-mob law. That was later overturned.

Age may also be one consideration with Merrick Garland, who is 57. Garland has some support among Republicans and that could be helpful to achieve a smoother path to confirmation. Sources say the president does not know Garland as well as the others. 

Look for a nominee's personal storyline to part of the public rollout strategy. Sources close to the process say it is important to introduce the choice to the country, interest groups, and the Senate with a story that is memorable. Sotomayor had that with her background and family.

Democrats say they are confident an Obama nominee will be confirmed, but it may be a matter of degree over how tough and how messy it will be.

From NBC's Kelly O'Donnell and Mark Murray
The $15 billion jobs bill that Senate Majority Leader Harry Reid drafted cleared a procedural tonight on a 62-30 vote, with five Republicans voting with the Democratic majority.

One Democrat, Nebraska Sen. Ben Nelson, voted no on the cloture motion.

The five Republicans voting with Democrats: the Senate's newest member, Massachusetts Republican Scott Brown; Maine Republicans Olympia Snowe and Susan Collins; Ohio Republican George Voinovich; and Missouri Republican Kit Bond. (Both Voinovich and Bond are retiring.)

But Reid could not hold his entire caucus, as Nelson voted against moving the bill to the next stage of debate and amendments.

New Jersey Democrat Frank Lautenberg was not present to vote due to illness.

From NBC's Kelly O'Donnell
Aides to Sen. Scott Brown (R) says he intends to vote with Democrats on the Reid jobs bill.

This is a procedural vote, known as cloture, which moves the legislation to the next stage. Senate Majority Leader Harry Reid needs to attract some Republican support to reach the 60-vote threshold. Not only did Democrats lose their supermajority, but Sen. Frank Lautenberg (D) is undergoing cancer treatment and will not be present to vote.

Senator Brown will release this statement after the scheduled vote (around 5:30 pm ET).

I came to Washington to be an independent voice, to put politics aside, and to do everything in my power to help create jobs for Massachusetts families. This Senate jobs bill is not perfect. I wish the tax cuts were deeper and broader, but I will vote for it because it contains measures that will help put people back to work.

I was disappointed with the continuation of politics-as-usual in the drafting of this bill, as it was crafted behind closed doors, without transparency and accountability. I hope for improvements in that process going forward. All of us, Republicans and Democrats, have to work together to get our economy back on track. I hope my vote today is a strong step toward restoring bipartisanship in Washington.

From NBC's Kelly O'Donnell
As expected, the Senate's votes scheduled for today -- including the one on Craig Becker's nomination to serve on the National Labor Relations Board -- will be postponed to Tuesday, Feb. 9 due to the weather and flight schedules for members unable to return to DC.

The Senate will convene Tuesday at 2:00 pm ET, and the previously scheduled Monday votes will occur at 5:00 pm Tuesday.

Today, the Senate will convene at 2:00 pm, but only to make official the change of votes schedule.

From NBC's Kelly O'Donnell and Mark Murray
Senior aides told NBC News that Senate Majority Leader Harry Reid planned to only call on those Democrats running this November to pose questions to President Obama at his meeting today with Senate Democrats. Reid said he had received questions from members in advance.

Those who asked questions: Arlen Specter (PA), Michael Bennet (CO), Blanche Lincoln (AR), Kirsten Gillibrand (NY), Pat Leahy (VT), Sherrod Brown (OH), and Evan Bayh (IN).

All but Brown are up for election this year. And Leahy is the only one who's running this year who doesn't face a serious challenge.

Reid, of course, is up for re-election too, and might be the cycle's most vulnerable incumbent.

From NBC's Kelly O'Donnell
Democratic aides tell NBC News that 19-term Pennsylvania Rep. John Murtha (D) is hospitalized after complications arose after scheduled surgery to remove his gallbladder.  Murtha is currently in intensive care at the Virginia Hospital Center in Arlington, VA.

The surgery followed an issue that arose in December, according to aides.

Murtha is 77. He is a powerful member of the House Appropriations Committee, and he's under scrutiny and an ethics cloud for his ties to the now-defunct lobbying firm PMA.

From NBC's Kelly O'Donnell

A statement from his office:

Senator Robert C. Byrd, D-W.Va., was released from the hospital early this afternoon following a brief 48-hour stay to monitor and treat a spike in his white-blood cell count, a symptom that is usually an early sign of an infection. Byrd was admitted to the hospital on Tuesday, following a precautionary trip to the hospital after he fell at his home. While being examined, doctors found an increase in Byrd's white-blood cell count and then admitted the West Virginia Senator to the hospital for antibiotic treatment and observation.

Byrd will continue his antibiotic treatment at his home and convalesce over the coming days. Byrd indicated that he "is looking forward to engaging in the upcoming debate and votes on health care reform - one of the most critical issues facing this Congress."